Beta Test Agreement
Version 2026-09-07 · Effective on acceptance
This agreement covers taking part in the invite-only beta of BLE Hero Workbench: what you may do with the pre-release software, what you agree to keep confidential, how the AI features handle what you send them, and what happens to the feedback you give us.
This Beta Test Agreement (this “Agreement”) governs the disclosure of information by Hero Instruments, Inc., a Delaware corporation located at 5636 Saint Bernard Avenue, New Orleans, Louisiana 70122 (the “Company”), to the person or entity accepting this Agreement (the “Recipient”), and the Recipient’s participation in the Company’s beta program for the BLE Hero Workbench software (the “Software”).
Acceptance. This Agreement takes effect when the Recipient indicates acceptance in the Company’s beta application process (the “Effective Date”). If the individual accepting does so on behalf of a company or other entity, that individual represents that they have authority to bind that entity, and “Recipient” means that entity.
1. License
Subject to the terms of this Agreement, the Company grants the Recipient a nonexclusive, nontransferable, non-sublicensable license to install and use the Software during the Beta Period (defined in Section 11) solely for the Recipient’s internal testing and evaluation. If the Recipient is an entity, use is limited to the Recipient’s employees and individual contractors who need access for the evaluation and who are bound by confidentiality obligations at least as restrictive as those in this Agreement; the Recipient is responsible for their compliance.
2. Hardware
The Company may provide the Recipient with one or more third-party Bluetooth LE development kits at no cost for use with the Software. Title to any such hardware passes to the Recipient upon delivery, and the Recipient may keep it after the Beta Period ends. The hardware is manufactured by a third party and is provided “AS IS”: the Company makes no warranty of any kind with respect to the hardware and has no support, repair, replacement, or update obligation for it. Any warranty or terms applicable to the hardware are solely those, if any, provided by its manufacturer.
3. Confidential Information
The Recipient will at all times hold in strict confidence and not disclose Confidential Information to any third party except as approved in writing by the Company, and will use Confidential Information for no purpose other than evaluating the Software. The Recipient shall permit access to Confidential Information only to those of its employees and individual contractors who have a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. Disclosure of Confidential Information to any third-party service, including any third-party artificial-intelligence tool or service not provided as part of the Software, is disclosure to a third party under this Section.
“Confidential Information” means all non-public materials and information provided or made available by the Company to the Recipient, including the Software, documentation, product plans, features, performance characteristics, know-how, processes, research, development, financial information, and information the Company provides regarding third parties. Confidential Information expressly includes the features, functionality, user interface, performance data, measurement results, and benchmark results of the Software.
Permitted disclosure of participation. Notwithstanding the foregoing, the Recipient may disclose the fact that it is participating in the Company’s beta program for BLE Hero Workbench. The Recipient shall not, without the Company’s prior written consent, publish or disclose screenshots, feature descriptions, performance data, measurement results, benchmark results, or evaluations of the Software.
4. Exclusions
The Recipient’s obligations under Section 3 with respect to any portion of the Confidential Information shall terminate when the Recipient can document that: (a) it was in the public domain at the time it was communicated to the Recipient; (b) it entered the public domain subsequent to the time it was communicated to the Recipient through no fault of the Recipient; (c) it was in the Recipient’s possession free of any obligation of confidence at the time it was communicated to the Recipient; (d) it was rightfully communicated to the Recipient free of any obligation of confidence subsequent to the time it was communicated to the Recipient; or (e) it was developed by employees or agents of the Recipient who had no access to any information communicated to the Recipient under this Agreement.
5. Feedback
The Recipient may provide the Company with suggestions, ideas, bug reports, crash logs, test results, feature requests, or other feedback regarding the Software (collectively, “Feedback”). The Recipient grants the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit Feedback for any purpose, without restriction, attribution, or compensation. Feedback is not confidential information of the Recipient, and the Company has no obligation to use, or refrain from using, any Feedback. Nothing in this Section assigns ownership of the Recipient’s pre-existing intellectual property.
6. Third-Party Information and Recipient Data
The Recipient shall not disclose or submit to the Company any information that is confidential or proprietary to a third party, including any such information regarding third-party devices, firmware, or products captured, measured, or analyzed using the Software. Any material submitted to the Company through feedback or support channels is deemed to be Feedback under Section 5 and non-confidential. The Recipient is solely responsible for data it captures, records, or generates using the Software, including compliance with any obligations the Recipient owes to third parties with respect to such data, and the Company has no obligation or liability with respect to it.
7. AI Features
The Software includes optional AI-assisted features (the “AI Features”). The Recipient acknowledges and agrees as follows:
(a) Transmission. When the Recipient invokes an AI Feature, the Recipient’s prompt and the content the Recipient submits or designates as context for the request — which may include firmware data, device data, logs, captures, or traces — is transmitted via the Company’s systems to the Company’s third-party artificial-intelligence service provider (currently Anthropic, PBC) for processing and generation of a response. No firmware data, device data, logs, captures, or traces are transmitted except as part of a request the Recipient makes. The Company’s systems relay such requests and responses and do not store or retain their content; the Company may retain non-content metadata (such as timestamps, request counts, and usage volume) for metering, abuse prevention, and support purposes.
(b) Provider processing. Content transmitted to the provider is processed under the provider’s commercial terms of service, which do not permit the provider to use such content to train its models. The provider’s handling and retention of request content are governed by its then-current commercial terms and data-handling policies.
(c) Restrictions. The Recipient shall not submit through the AI Features any information that is confidential or proprietary to a third party, any personal information, or any content the Recipient is not authorized to disclose, consistent with Section 6.
(d) Recipient credentials. If the Software permits the Recipient to configure the AI Features to use the Recipient’s own provider account or credentials, such use is governed solely by the Recipient’s own agreement with that provider, and this Section 7(a)–(b) does not apply to it.
(e) Changes. The Company may modify, limit, meter, suspend, or remove the AI Features, or change the underlying provider or models, at any time during the Beta Period.
8. Intellectual Property; Restrictions
Nothing in this Agreement shall be construed as granting the Recipient any ownership rights in any Confidential Information, or in any invention, patent, copyright, trademark, or other intellectual property right of the Company. Except as expressly licensed in Section 1, the Recipient shall not make, have made, use, or sell for any purpose any product or other item using, incorporating, or derived from any Confidential Information or the Software. The Recipient will not modify, reverse engineer, decompile, disassemble, or create derivative works from the Software, except to the extent such restriction is prohibited by applicable law. For clarity, this Section does not restrict the Recipient’s use of the third-party hardware described in Section 2.
9. Recipient Representations
The Recipient represents and warrants that: (a) its participation in the beta program, and the licenses and rights it grants under this Agreement (including under Section 5), do not conflict with any employment agreement, consulting agreement, or other obligation the Recipient owes to any third party; and (b) if an individual accepted this Agreement on behalf of an entity, that individual had authority to bind the entity.
10. Disclaimer of Warranties
The Software is a beta release and is not at the level of performance of a commercially available product offering. The Software may not operate correctly, may produce inaccurate measurements or results, may be substantially modified prior to first commercial release, and, at the Company’s option, may not be released commercially in the future. Output of the AI Features is generated by machine-learning models, is probabilistic in nature, may be inaccurate or incomplete, does not constitute a measurement or a representation about the behavior of any device, protocol, or system, and must be independently verified by the Recipient before being relied upon.
THE SOFTWARE, HARDWARE, AI FEATURES, AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR CONSULTATION GIVEN BY THE COMPANY, ITS AGENTS, OR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH THE RECIPIENT.
11. Term and Termination
The “Beta Period” begins on the Effective Date and continues for the period designated by the Company. Either party may terminate this Agreement at any time upon written notice (email sufficient) to the other. Upon termination or expiration, the Recipient shall promptly cease all use of the Software, delete all copies of the Software and all electronic documents, notes, data, and other materials representing Confidential Information, and, upon the Company’s request, certify such deletion in writing. The Recipient may retain the hardware described in Section 2. Sections 3 through 10 and 12 through 14 survive any termination or expiration of this Agreement.
12. Limitation of Liability
THE COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SOFTWARE, THE HARDWARE, THE AI FEATURES, OR THIS AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $50.00 OR THE AMOUNT THE RECIPIENT ACTUALLY PAID THE COMPANY UNDER THIS AGREEMENT (IF ANY).
13. Governing Law; Injunctive Relief
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. The Recipient agrees that breach of Sections 3, 5, 6, or 8 of this Agreement will cause the Company irreparable damage for which recovery of damages would be inadequate, and that the Company shall therefore be entitled to seek timely injunctive relief, as well as such further relief as may be granted by a court of competent jurisdiction, without the necessity of posting bond.
14. General
The Recipient will not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company; the Company may assign this Agreement freely, including in connection with a merger, acquisition, or sale of assets. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior discussions with respect thereto. Any amendment must be in writing. If any provision is held unenforceable, the remainder shall continue in effect. Notices to the Company shall be sent to info@heroinstruments.com; notices to the Recipient may be sent to the email address provided in the Recipient’s beta application.
What the Software holds on your own machine, and what leaves it, is described in our privacy policy.